Everyone is entitled to legal representation in removal proceedings, but attorneys are not appointed by the court, so everyone must obtain an attorney of their own choice.

It is the government’s burden to establish clear evidence that a person is removable from the United States. If the government meets this burden, you may be eligible to apply for relief (see below), and if your case is denied by the immigration court, you’ll have 30 days to appeal to the Board of Immigration Appeals (BIA).

Why do people face deportation and removal proceedings?

Removal proceedings often begin after a person is arrested and detained by Immigration and Customs Enforcement (ICE), or after a person is issued a “Notice to Appear for Removal Proceedings” or an “Order to Show Cause for Deportation.”

The Immigration and Customs Enforcement Agency generally seeks to deport persons who the following applies to:

Entered the U.S. legally with a visa, but overstayed the period they are authorized to stay in the United States

Entered the U.S. without a visa or without being inspected by an immigration officer

Illegally crossed United States borders without being detected or inspected or paroled into the United States by Customs and Border Protection

Entered illegally as a stowaway on ships or boats at ports of entry without inspection or parole into the United States

Is a lawful permanent resident, but has a criminal conviction, committed fraud in obtaining the permanent residence or lied to obtain an immigration benefit

Common Forms of Deportation and Removal Relief – How We Can Help

Adjustment of Status – Those already in the U.S. who have an approved or approvable family based immigration visa petition or employment based immigration visa petition, along with those who were admitted as a K-1 Fiance of a U.S. Citizen, a K-2 Child of a K-1 Fiance, certain Asylees or Refugees, Diversity Visa Lottery Winners, and people who are eligible for certain nationality based programs may be eligible to apply to adjust their status to legal permanent resident.

Asylum – Those with reasonable fear of persecution in their home country (based on political opinion, religious belief, nationality, race, or membership in a particular social group) may apply for asylum.

Cancellation of Removal – At the discretion of the immigration judge or the BIA. A permanent resident must have held that status for five years, resided in the US for seven years, and not been convicted of a felony. Non-permanent residents must have served two years in the armed forces or have been continuously present in the U.S. for ten years or more. Both legal permanent residents and non-legal permanent residents must also prove good moral character during the time they resided in the U.S. which will be subject to the discretion of the immigration judge.

Convention Against Torture – The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment forbids states to transport people to any country where there is reason to believe they will be tortured.

Legalization – This applies to certain illegal aliens who were eligible to apply for temporary resident status under the Immigration Reform and Control Act of 1986. To be eligible, aliens must have resided, with an unlawful status, in the U.S. prior to Jan. 1982, not be excludable, and they must have entered the U.S. illegally or as a temporary visitor prior to Jan. 1982 (with their expiration date expiring before Jan. 1982 or with the government’s knowledge of their illegal status prior to Jan. 1982). Along with these requirements, you also must have continuously lived in the U.S., be admissible as an immigrant, and have a minimal understanding of U.S. history, government and the English language.

Registry – Registry allows certain Aliens residing continuously in the U.S. since 1971 to apply for permanent residence in the U.S. if certain conditions are met. You must have entered the U.S. before Jan. 1971, must have resided in the U.S. since then, you must be a person of good moral character, you are not ineligible for citizenship, and you are not deportable under rules of the Immigration and Nationality Act.

Representation – in U.S. District court District of Connecticut or before the United States Court of Appeals for the Second Circuit Court.

Waivers – Waivers of removability are granted in some cases where removal would cause extreme hardship to an alien, or their spouse or parent who is currently a legal permanent resident or citizen.

Withholding of Removal – Similar to asylum, but with a few key differences: the standard is generally tougher, it prohibits removal to a specific country, and you may not apply for permanent residence.

Voluntary Departure – Voluntary Departure is a Relief from removal that allows an individual to depart the U.S. on their own within an allotted time period. VD is not considered to be a deportation order. Voluntary departure is considered a privilege and must be approved by the U.S. Department of Homeland Security officers in charge of the specific case and also requires the consent of the alien.

The Dorman Law Firm, LLC is a Connecticut Immigration Attorney on your side. Call us at 860-524-1862 or email us at Tanya.dorman@tdormanlaw.com today to discuss your immigration case.

IMMIGRATION SERVICES

OUR NOTABLE CASES

Man that was previously denied a visa is approved to live in the U.S. legally with his U.S. Citizen wife

"Dear Attorney Dorman and Company,

I just wanted to thank you for your help in the very long process of applying for a visa for my husband Franklin. Thank the Lord we were finally successful. He picked up the visa few days ago. Thanks again for all you help and advice."

- Paulette P.

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